Guidelines for Characterizing Used Oil Violations
Revision date: June 28, 2013
Introduction
Department of Environmental Protection (DEP) Directive 923 is the Department’s controlling enforcement document.
These guidelines are intended to complement Directive 923 to determine the appropriate amount of civil and
administrative penalties to seek when settling enforcement actions. These guidelines are intended to provide a rational,
fair, and consistent method to determine the appropriate enforcement response for Used Oil violations.
Administrative Penalties (ELRA)
Under the Environmental Litigation and Reform Act (ELRA), the Department can seek an administrative penalty for
certain violations pursuant to s. 403.121(2), Florida Statutes (F.S.). Administrative penalty amounts are stipulated by
statute and cannot exceed $10,000, per assessment, when calculated in accordance with the applicable sections of
403.121, F.S. For additional details, see DEP Directive 923.
Violation (statutory language)
Unpermitted or unauthorized disposal or storage of solid waste
ELRA Base Penalty
Cite (F.S.)
$2,000
Add-0n 1 – If the waste is disposed of or stored in any natural or
artificial body of water or within 500 feet of a potable water well,
add $1,000
+ $1,000
Add-0n 2 – If the waste contains PCB at a concentration of 50
ppm or greater; and used oil greater than 25 gallons, add $1,000
+ $1,000
403.121(3)(e)
Unauthorized burning
$3,000
403.121(3)(e)
Failure to satisfy financial responsibility requirements
$5,000
403.121(4)(a)
Failure to install, maintain, or use a required pollution control
system or device
$4,000
403.121(4)(b)
Failure to obtain a required permit before construction or
modification
$3,000
403.121(4)(c)
Failure to conduct required monitoring or testing
$2,000
403.121(4)(d)
Failure to construct in compliance with a permit
$2,000
403.121(4)(d)
Failure to submit required notification
$1,000
403.121(4)(e)
Failure to maintain required staff to respond to emergencies
$1,000
403.121(4)(e)
Failure to conduct required training
$1,000
403.121(4)(e)
Failure to prepare, maintain, or update required contingency
plans
$1,000
403.121(4)(e)
Failure to adequately respond to emergencies to bring an
emergency situation under control
$1,000
403.121(4)(e)
$500
403.121(4)(f)
Failure to prepare, submit, maintain, or use required reports or
other required documentation
Guidelines for Characterizing Used Oil Violations
Violation (statutory language)
ELRA Base Penalty
Cite (F.S.)
Failure to comply with any departmental regulatory statute or
rule requirement not otherwise identified
$500
403.121(5)
Any person who fails to register with the department as required
by 403.754
$300
403.758(2)
Civil Penalties
The ELRA process does not apply to all Used Oil violations; therefore, when penalty calculations are being made for Used
Oil violations, where ELRA does not apply, the program specific charts at the end of this document should be used to
determine how the potential violations should be characterized and the regular matrix provided in Directive 923
(reproduced later in this document) should be used to determine penalty amounts for non-ELRA violations. To aid
inspectors in consistently evaluating potential violations, a violation matrix spreadsheet is available that provides
supplemental details on the coding and classification of specific violations in relation to statutory or regulatory citations.
In addition, a harm calculation worksheet is also available to facilitate a consistent way of categorizing Environmental
Harm for cases where a discharge was discovered.
Multi-Day Penalties and Adjustment Factors
DEP Directive 923 discusses when and how to assess multi-day penalties. The directive also sets out various adjustment
factors to be used when calculating a penalty based on the matrix. These factors include:

Knowing, deliberate, or chronic violations.

Good faith efforts to comply (or lack of good faith efforts to comply) either prior to or after Department
discovery of the violation.

History of noncompliance.

Economic benefit of noncompliance.

Ability to pay.

Other unique factors.
In-Kind Penalties and Pollution Prevention Projects
In-Kind Penalties and Pollution Prevention Projects should be considered as provided in Directive 923.
Penalty Calculation Matrix for Used Oil
The Department’s Penalty Matrix identifying what types of violations fall into what quadrants for cases other than
Potable Water, Hazardous Substances, or Hazardous Waste, should be referenced from found in Attachment II of
Directive 923. Remember, to place a violation in the ‘Major’ row for Environmental Harm, the violation must have
actually resulted in pollution in a manner that represents a substantial threat to human health or the environment.
Moderate violations are those violations that actually or are reasonably expected to result in pollution in a manner that
Revision date: June 28, 2013
2
Guidelines for Characterizing Used Oil Violations
represents a significant threat to human health or the environment. Minor violations are those violations that actually
or are reasonably expected to result in a minimal threat to human health or the environment.
Peer Review and Penalty Amount Approvals
In all cases where a proposed solid waste penalty exceeds $10,000, a peer review by the Division of Waste Management
is required and the Deputy Secretary must approve the proposed penalty. The Secretary must approve proposed
penalties of $50,000 or more.
Matrix Factors-Used Oil Disposal
Matrix
Factor
Environmental Harm
Extent of Deviation from Requirement
1.
Major
Moderate
Minor
Failure to responsibly
manage used oil that
actually results in
pollution in a manner that
represents a substantial
threat to human health or
the environment.
Failure to responsibly
manage used oil that
actually or is reasonably
expected to result in
pollution in a manner that
represents a significant
threat to human health or
the environment.
Failure to responsibly
manage used oil that
actually or is reasonably
expected to result in
pollution in a manner that
represents a minimal
threat to human health or
the environment.
Revision date: June 28, 2013
2.
3.
1.
2.
3.
1.
2.
3.
No person shall place or deposit any used oil in or on the land or waters located within the state
except in a manner approved by the department. (Discharge without beginning a timely and
appropriate cleanup)
No person may collect, transport, store, recycle, use, or dispose of used oil in any manner which
endangers the public health or welfare. (Discharge without beginning a timely and appropriate
cleanup)
No person may discharge used oil into soils, sewers, drainage systems, septic tanks, surface or
ground waters, watercourses, or marine waters. (Discharge without beginning a timely and
appropriate cleanup)
No person shall place or deposit any solid waste in or on the land or waters located within the
state except in a manner approved by the department. (Discharge with attempted but
inadequate cleanup)
No person may collect, transport, store, recycle, use, or dispose of used oil in any manner which
endangers the public health or welfare. (Discharge with attempted but inadequate cleanup)
No person may discharge used oil into soils, sewers, drainage systems, septic tanks, surface or
ground waters, watercourses, or marine waters. (Discharge with attempted but inadequate
cleanup)
No person shall place or deposit any solid waste in or on the land or waters located within the
state except in a manner approved by the department. (de minimis)
No person may collect, transport, store, recycle, use, or dispose of used oil in any manner which
endangers the public health or welfare. (de minimis)
No person may discharge used oil into soils, sewers, drainage systems, septic tanks, surface or
ground waters, watercourses, or marine waters. (de minimis)
3
Guidelines for Characterizing Used Oil Violations
Matrix Factors-Used Oil Transportation
Matrix
Factor
Environmental Harm
Extent of Deviation from Requirement
1.
2.
3.
Major
Failure to responsibly
manage used oil that
actually results in pollution
in a manner that
represents a substantial
threat to human health or
the environment.
4.
5.
6.
1.
Moderate
Failure to responsibly
manage used oil that
actually or is reasonably
expected to result in
pollution in a manner that
represents a significant
threat to human health or
the environment.
2.
3.
1.
Minor
Failure to responsibly
manage used oil that
actually or is reasonably
expected to result in
pollution in a manner that
represents a minimal
threat to human health or
the environment.
2.
3.
Revision date: June 28, 2013
In the event of a discharge of used oil during transportation, the transporter must take
appropriate immediate action to protect human health and the environment. (No response
action)
Used oil that is transported to a used oil collection center or other location that is
unregistered, unlicensed, unpermitted, or not recognized by the state/county/municipal
government to manage used oil.
Generators may transport used oil that is generated at the generator’s site to an aggregation
point provided that: (1) The generator transports the used oil in a vehicle owned by the
generator or owned by an employee of the generator; (2) The generator transports no more
than 55 gallons of used oil at any time; and (3) The generator transports the used oil to an
aggregation point that is owned and/or operated by the same generator. (Aggregation point
not owned/operated by the generator as required, and there is a Major deviation from
requirements that is confirmed in more than one inspection or other verification)
Generators must ensure that their used oil is transported only by transporters who are
currently registered with the Department, where failure is confirmed in more than one
inspection or other verification.
Used oil transporters shall have an annual and new employee training program in place
covering the applicable rules, where failure to provide training is confirmed in more than one
inspection or other verification.
Failure to maintain vehicle insurance of no less than $1,000,000 that is confirmed in more than
one inspection or other verification.
In the event of a discharge of used oil during transportation, the transporter must take
appropriate immediate action to protect human health and the environment. (Inadequate or
untimely response action)
Generators may transport used oil that is generated at the generator’s site to an aggregation
point provided that: (1) The generator transports the used oil in a vehicle owned by the
generator or owned by an employee of the generator; (2) The generator transports no more
than 55 gallons of used oil at any time; and (3) The generator transports the used oil to an
aggregation point that is owned and/or operated by the same generator. (Moderate deviation
from requirements that is confirmed in more than one inspection or other verification, where
the aggregation point that is owned and/or operated by the same generator as required.)
Used oil transporters shall have an annual and new employee training program in place
covering the applicable rules, where inadequate training is confirmed in more than one
inspection or other verification.
Generators may transport used oil that is generated at the generator’s site to an aggregation
point provided that: (1) The generator transports the used oil in a vehicle owned by the
generator or owned by an employee of the generator; (2) The generator transports no more
than 55 gallons of used oil at any time; and (3) The generator transports the used oil to an
aggregation point that is owned and/or operated by the same generator. (Minor deviation
from requirements that is confirmed in more than one inspection or other verification, where
the aggregation point that is owned and/or operated by the same generator as required.)
Maintain a record of training in the company's operating record and the individual personnel
files indicating the type of training received along with the dated signature of those receiving
and providing the training. These records shall be available for review by Department
personnel during inspections.
Maintain vehicle insurance of no less than $1,000,000. (Having insurance but not submitting
proof in a timely fashion)
4
Guidelines for Characterizing Used Oil Violations
Matrix Factors-Use Oil Emergency Procedures
Matrix
Factor
Environmental Harm
Extent of Deviation from Requirement
1.
Major
Failure to respond to used
oil discharge that actually
results in pollution in a
manner that represents a
substantial threat to
human health or the
environment.
Moderate
Failure to respond to used
oil discharge that actually
or is reasonably expected
to result in pollution in a
manner that represents a
significant threat to
human health or the
environment.
Minor
Failure to respond to used
oil discharge that actually
or is reasonably expected
to result in pollution in a
manner that represents a
minimal threat to human
health or the
environment.
2.
1.
Revision date: June 28, 2013
2.
1.
2.
Generator/Transporter/Transfer Facility/Processor/Burner must perform the following cleanup
steps: 1. Stop the release; 2. Contain the released oil; 3. Clean up and manage properly the
released oil and any other materials; and 4. If necessary, repair or replace any leaking used oil
storage containers or tanks prior to returning them to service. (No cleanup)
Upon detection of a release of oil from any used oil filter container the facility owner or
operator shall: 1. Stop the release; 2. Contain the released oil; 3. Clean up and manage properly
the released oil and any subsequent oily waste; and 4. Repair or replace any leaking used oil
filter storage containers prior to returning them to service. (Failure to provide any cleanup for a
used oil release exceeding 25 gallons.)
Generator/Transporter/Transfer Facility/ Processor/ Burner must perform the following cleanup
steps: 1. Stop the release; 2. Contain the released oil; 3. Clean up and manage properly the
released oil and any other materials; and 4. If necessary, repair or replace any leaking used oil
storage containers or tanks prior to returning them to service. (Inadequate cleanup)
Upon detection of a release of oil from any used oil filter container the facility owner or
operator shall: 1. Stop the release; 2. Contain the released oil; 3. Clean up and manage properly
the released oil and any subsequent oily waste; and 4. Repair or replace any leaking used oil
filter storage containers prior to returning them to service. (Inadequate cleanup that is
confirmed in more than one inspection or other verification; or a failure to provide any cleanup
for a used oil release exceeding 5 gallons.)
Generator/Transporter/Transfer Facility/ Processor/ Burner must perform the following cleanup
steps: 1. Stop the release; 2. Contain the released oil; 3. Clean up and manage properly the
released oil and any other materials; and 4. If necessary, repair or replace any leaking used oil
storage containers or tanks prior to returning them to service. (de minimus)
Upon detection of a release of oil from any used oil filter container the facility owner or
operator shall: 1. Stop the release; 2. Contain the released oil; 3. Clean up and manage properly
the released oil and any subsequent oily waste; and 4. Repair or replace any leaking used oil
filter storage containers prior to returning them to service. (de-minimus)
5
Guidelines for Characterizing Used Oil Violations
Matrix Factors-Used Oil General
Matrix
Factor
Major
Moderate
Environmental
Harm
Extent of Deviation from Requirement
Failure to responsibly
manage used oil that
actually results in
pollution in a manner
that represents a
substantial threat to
human health or the
environment.
Failure to manage used oil where the failure for one or more of the below requirements, that was
confirmed for more than two consecutive inspections or other verifications.
1. No person may store used oil in above-ground containers unless such containers are clearly labeled
with the words "used oil" and are in good condition (no severe rusting, apparent structural defects
or deterioration) with no visible oil leakage. If such containers are not stored inside a structure,
they must be covered or otherwise protected from the weather. (Visible leaks)
2. No person may store used oil in above-ground containers unless such containers are double walled
or stored on an oil-impermeable surface such as sealed concrete or asphalt, and must have
secondary containment. (Major deviation from requirement)
3. Owners or operators of used oil transfer/processor or re-refiner/burner facilities may not store
used oil in units other than tanks, containers, or units subject to regulation under 40 CFR Parts 264
or 265. (Significant deviation from requirement)
4. Used oil transporters/processors and re-refiners/burners/fuel marketers who have not complied
with the notification requirements and obtain a DEP/EPA Identification number.
5. To ensure that used oil is not a hazardous waste under the rebuttable presumption, the used oil
transporter/processing/re-refining/burner facility must determine whether the total halogen
content of used oil being transported or stored at a transfer facility is above 1,000 ppm.
6. No person may mix or commingle used oil with solid waste that is to be disposed of in landfills or
directly dispose used oil in landfills in Florida unless approved by the department. (Used oil
transporter, processor, marketer, burner)
7. Used oil shall not be used for road oiling, dust control, weed abatement, or other similar uses that
have the potential to release used oil into the environment. (Used oil transporter, processor,
marketer, burner or repeat violators)
8. Off-specification used oil fuel may be burned for energy recovery in only the following devices: 1)
Industrial furnaces; 2) Boilers; and 3) Hazardous waste incinerators. Used oil burners may
aggregate off-specification used oil with virgin oil or on-specification used oil for purposes of
burning, but may not aggregate for purposes of producing on-specification used oil.
9. Failure to conduct sampling and analysis for the used oil specification in accordance with
Department Quality Assurance Requirements. Oil shipped and burned without analysis by
approved method.
Failure to responsibly
manage used oil that
actually or is
reasonably expected
to result in pollution
in a manner that
represents a
significant threat to
human health or the
environment.
Failure to manage used oil where the failure for one or more of the below requirements, that was
confirmed for two consecutive inspections or other verifications.
1. No person may store used oil in above-ground containers unless such containers are clearly labeled
with the words "used oil" and are in good condition (no severe rusting, apparent structural defects
or deterioration) with no visible oil leakage. If such containers are not stored inside a structure,
they must be covered or otherwise protected from the weather. (Moderate deviation from
requirements)
2. No person may store used oil in above-ground containers unless such containers are double walled
or stored on an oil-impermeable surface such as sealed concrete or asphalt, and must have
secondary containment. (Moderate deviation from requirement)
3. Fill pipes used to transfer oil into underground storage tanks at generator/transfer/processing and
re-refining facilities/burner facilities must be labeled or marked clearly with the words "Used Oil."
4. Each registered person shall maintain records documenting halogen screening.
5. No person may mix or commingle used oil with solid waste that is to be disposed of in landfills or
directly dispose used oil in landfills in Florida unless approved by the department. (Used oil
generator)
6. Used oil shall not be used for road oiling, dust control, weed abatement, or other similar uses that
have the potential to release used oil into the environment. (Used oil generator)
7. Generators may burn used oil in used oil-fired space heaters provided that the used oil is generated
by the owner or operator or received from household do-it-yourself used oil generators.
8. Failure to conduct sampling and analysis for the used oil specification in accordance with
Department Quality Assurance Requirements. (Sample record keeping does not allow sample to be
tracked to specific waste, or not all parameters analyzed correctly)
9. Owners and operators/burners who generate residues from the storage, processing, or rerefining/burning of used oil must manage the residues as specified in §279.10(e).
Revision date: June 28, 2013
6
Guidelines for Characterizing Used Oil Violations
Matrix
Factor
Environmental
Harm
Extent of Deviation from Requirement
1.
Minor
Failure to responsibly
manage used oil that
actually or is
reasonably expected
to result in pollution
in a manner that
represents a minimal
threat to human
health or the
environment.
2.
3.
4.
5.
No person may store used oil in above-ground containers unless such containers are double walled
or stored on an oil-impermeable surface such as sealed concrete or asphalt, and must have
secondary containment. (Minor deviation from requirement)
Failure to conduct sampling and analysis for the used oil specification in accordance with
Department Quality Assurance Requirements. (Non-approved lab but followed appropriate
procedures, or sampling did not follow SOP's for all loads)
Each registered person shall display the validated registration form and identification number in a
prominent place at each facility location.
Each public used oil collection center shall notify the Department no later than 30 days after first
accepting used oil from the public.
Any used oil transporter that transports over public highways more than 500 gallons of used oil
annually, not including oily waste, shall become certified.
Matrix Factors-Used Oil Filter Management
Matrix
Factor
Environmental Harm
Extent of Deviation from Requirement
1.
Major
Failure to responsibly
manage used oil filters
that actually results in
pollution in a manner that
represents a substantial
threat to human health or
the environment.
Moderate
Failure to responsibly
manage used oil filters
that actually or is
reasonably expected to
result in pollution in a
manner that represents a
significant threat to
human health or the
environment.
2.
1.
2.
1.
Minor
Failure to responsibly
manage used oil filters
that actually or is
reasonably expected to
result in pollution in a
manner that represents a
minimal threat to human
health or the
environment.
Revision date: June 28, 2013
2.
3.
No person who removes or manages used oil filters shall dispose of such filters, or commingle
such filters with other solid waste, for disposal in a landfill in Florida. (for commercial
processors, transporters, transfer facilities, where the failure was confirmed for two consecutive
inspections or other verifications.
All persons storing used oil filters shall store used oil filters in above ground containers which
are clearly labeled "Used Oil Filters," and which are in good condition (no severe rusting,
apparent structural defects or deterioration) with no visible oil leakage. The containers shall be
sealed or otherwise protected from weather and stored on an oil-impermeable surface. ( ≥ 10
Drums where the failure was confirmed for two consecutive inspections or other verifications.)
No person who removes or manages used oil filters shall dispose of such filters, or commingle
such filters with other solid waste, for disposal in a landfill in Florida. (Generators >/=5
filters/day)
All persons storing used oil filters shall store used oil filters in above ground containers which
are clearly labeled "Used Oil Filters," and which are in good condition (no severe rusting,
apparent structural defects or deterioration) with no visible oil leakage. The containers shall be
sealed or otherwise protected from weather and stored on an oil-impermeable surface. ( ≥10
Drums where the failure was confirmed for two consecutive inspections or other verifications.)
No person who removes or manages used oil filters shall dispose of such filters, or commingle
such filters with other solid waste, for disposal in a landfill in Florida. (Generators </= 5
filters/day)
All persons storing used oil filters shall store used oil filters in above ground containers which
are clearly labeled "Used Oil Filters," and which are in good condition (no severe rusting,
apparent structural defects or deterioration) with no visible oil leakage. The containers shall be
sealed or otherwise protected from weather and stored on an oil-impermeable surface. ( < 10
Drums)
Each generator of used oil filters whose solid waste is typically disposed of in a landfill shall
either register as a used oil filter processor or shall ensure that its filters are transported by a
registered used oil filter transporter and processed by a registered used oil filter processor or
end user.
7
Guidelines for Characterizing Used Oil Violations
Matrix Factors-Used Oil Record Keeping
Matrix
Factor
Moderate
Environmental Harm
Extent of Deviation from Requirement
Failure to responsibly
manage used oil that
actually or is reasonably
expected to result in
pollution in a manner that
represents a significant
threat to human health or
the environment.
Failure to manage used oil where the failure for one or more of the below requirements, that was
confirmed for two consecutive inspections or other verifications.
1. Each registered person shall maintain records on DEP Form 62-710.901(2) or on substantially
equivalent forms which contain at least the same information as the Department form. (No
Records)
2. Used oil transporters/ processors/ burners must keep a record of each used oil shipment
accepted for transport/ processing/ burning. (No Records)
3. Used oil transporters/ processors/ burners must keep a record of each used oil shipment
accepted for transport/ processing/ burning. (Records are incomplete)
4. A generator, transporter, processor/refiner, o r burner who first claims that used oil that is to be
burned for energy recovery meets the specifications for used oil fuel under 279.11, must keep
copies of analyses of the used oil (or other information used to make the determination) for
three years. (No Records)
5. Used oil marketers must keep a record of each off-specification used oil shipment to used oil
burners. (No Records)
1.
2.
Minor
Failure to responsibly
manage used oil that
actually or is reasonably
expected to result in
pollution in a manner that
represents a minimal
threat to human health or
the environment.
Revision date: June 28, 2013
3.
4.
5.
Used oil marketers must keep a record of each off-specification used oil shipment to used oil
burners. (Records are incomplete)
Records required by regulations shall be retained for a period of three years and kept at the
street address of the registered person and shall be available for inspection by the Department
during normal business hours, unless another location and inspection schedule is specified in
the registration package submitted to the Department.
No later than March 1 of each year, each person required to register in accordance with Rule
62-710.500 FAC, shall submit an annual report for the preceding calendar year to the
Department on DEP Form 62-710.901(3). The report shall summarize the records kept pursuant
to this section.
No later than July 1 of each year, each public used oil collection center shall submit to the
Department an estimate of the quantity of used oil accepted from the public during the
previous calendar year.
Before a burner accepts the first shipment of off-specification used oil fuel from a generator,
transporter, or processor/re-refiner, the burner must provide to the generator, transporter, or
processor/re-refiner a one-time written and signed notice certifying that (1) the burner has
notified EPA stating the location and general description of his used oil management activities;
and (2) the burner will burn the used oil only in an industrial furnace or boiler identified in
279.61(a).
8
Guidelines for Characterizing Used Oil Violations
Matrix Factors-Used Oil Processing
Matrix
Factor
Environmental
Harm
Extent of Deviation from Requirement
1.
2.
Major
Failure to responsibly
manage used oil that
actually results in
pollution in a manner
that represents a
substantial threat to
human health or the
environment.
3.
4.
5.
1.
2.
Moderate
Failure to responsibly
manage used oil that
actually or is
reasonably expected
to result in pollution
in a manner that
represents a
significant threat to
human health or the
environment.
Revision date: June 28, 2013
2.
3.
An owner or operator of a used oil processing facility shall operate, modify, or close such a facility
only pursuant to a permit issued by the Department.
Used oil processing and re-refining facilities must maintain communication equipment, alarm
system, fire control equipment, spill control equipment and decontamination equipment.
(Significant deviation from equipment maintenance requirements, that was confirmed for two
consecutive inspections or other verifications)
Owners and operators of used oil processors and re-refiners facilities must maintain contingency
plans. (Contingency plan not updated for significant changes in operations, that was confirmed for
two consecutive inspections or other verifications)
Facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any
unplanned sudden or non-sudden release of used oil to air, soil, or surface water which could
threaten human health or the environment, where failure to maintain or operate was confirmed for
two consecutive inspections or other verifications.
Whenever there is an imminent or actual emergency situation, the emergency coordinator (or the
designee when the emergency coordinator is on call) must immediately: (A) Activate internal facility
alarms or communications systems, where applicable, to notify all facility personnel; and (B) Notify
appropriate State or local agencies with designated response roles if their help is needed, and
otherwise implement contingency plan. (Complete failure to implement in a manner that
exacerbates a fire, explosion, or other emergency conditions or associated releases to the
environment)
The closure plan shall be updated whenever significant operational changes occur or design
changes are made.
Used oil processing and re-refining facilities must maintain communication equipment, alarm
system, fire control equipment, spill control equipment and decontamination equipment.
(Moderate deviation from equipment maintenance requirements)
The Owners and operators of used oil processors and re-refiners facilities must maintain
contingency plans. (Contingency plan not updated for moderate changes in operations)
Owners and operators of used oil processing and re-refining facilities must develop and follow a
written waste analysis plan. The owner or operator must keep the plan at the facility. (Plan
incomplete or not following the plan)
9
Guidelines for Characterizing Used Oil Violations
Matrix
Factor
Environmental
Harm
Extent of Deviation from Requirement
1.
inor
Failure to responsibly
manage used oil that
actually or is
reasonably expected
to result in pollution
in a manner that
represents a minimal
threat to human
health or the
environment.
2.
3.
4.
Revision date: June 28, 2013
The owner or operator must attempt to make the following arrangements, as appropriate for the
type of used oil handled at the facility and the potential need for the services of these
organizations: (A) Arrangements to familiarize police, fire departments, and emergency response
teams with the layout of the facility, properties of used oil handled at the facility and associated
hazards, places where facility personnel would normally be working, entrances to roads inside the
facility, and possible evacuation routes; (B) Arrangements to familiarize local hospitals with the
properties of used oil handled at the facility and the types of injuries or illnesses which could result
from fires, explosions, or releases at the facility. (Incomplete arrangements)
The owner or operator must maintain aisle space to allow the unobstructed movement of
personnel, fire protection equipment, spill control equipment, and decontamination equipment to
any area of facility operation in an emergency, unless aisle space is not needed for any of these
purposes.
Owners and operators of used oil processing and re-refining facilities must develop and follow a
written waste analysis plan. The owner or operator must keep the plan at the facility. (Plan
incomplete or not following the plan)
The closure plan shall be maintained with records
10